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Theorizing for Islamic Sovereignty

Islam & the West: Rules of War

justicealliance, October 29, 2023January 24, 2024

Common Rules of War:

  1. Protection of Non-Combatants: Both Islamic and Western traditions emphasize the importance of protecting non-combatants, such as civilians, medical personnel, and wounded soldiers. Deliberate targeting of civilians is prohibited.
  2. Proportionality: Both traditions agree on the principle of proportionality, which means that the use of force in war should be proportionate to the military objectives pursued. Excessive and indiscriminate force is generally condemned.
  3. Treatment of Prisoners of War: Both Islamic and Western traditions have rules governing the treatment of captured enemy combatants. Prisoners of war (POWs) should be treated humanely, provided with adequate food and medical care, and protected from harm.
  4. No Perfidy: Both traditions prohibit perfidy, which involves deceptive tactics, such as feigning surrender or using the Red Cross emblem improperly, to gain an advantage in warfare.

Uncommon Rules of War:

  1. Religious Considerations in Islam: Islamic rules of war may include considerations related to religious practices, such as the prohibition of targeting religious leaders or places of worship, which may not have direct equivalents in Western traditions.
  2. Jihad and Just War Theory: The concept of jihad in Islam, which can be understood as a struggle or striving, is sometimes associated with warfare in self-defense or to protect the faith. Just war theory in Western traditions provides a different framework for evaluating the morality of war.
  3. Rules on Looting: Islamic traditions may have specific rules against looting or pillaging during war, emphasizing the protection of property even in the midst of conflict. While Western traditions also prohibit pillaging, the focus may differ.
  4. Rules on Ransom: Historical Islamic practices included rules on the payment of ransom for prisoners of war. While ransom has been practiced in various forms throughout history, it may not be as explicitly regulated in Western traditions.
  5. Tribal and Clannish Considerations: In some historical Islamic contexts, tribal and clannish loyalties and obligations could influence rules of war and alliances in ways not commonly found in Western traditions.
  6. Differences in Interpretation: While there are common principles in both traditions, interpretations and applications of rules of war can vary among different Islamic and Western scholars, legal systems, and states. This leads to differences in specific practices and policies.
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